The Juristic Theories of Krabbe

1926 ◽  
Vol 20 (3) ◽  
pp. 509-523 ◽  
Author(s):  
W. W. Willoughby
Keyword(s):  
Political Theory ◽  
Public Law ◽  
The State ◽  
The Other ◽  
The Political ◽  
Human Society ◽  
Public And Private ◽  
Private Interests ◽  
Objective Fact ◽  
The University

The doctrines of H. Krabbe, professor of public law in the University of Leyden, are to be found in his Die Lehre der Rechtessouveränität, published in 1906, and his Die moderne Staatsidee, the second edition of which appeared in 1919.The political theory of Krabbe resembles that of Duguit in that it denies law-making power to the state, and recognizes law (as defined by himself) as the ruling power in human society, as sovereign, and, therefore, as above the state. However, as will presently be seen, Krabbe places the state upon a much higher plane than does Duguit. To Duguit, political rulership is nothing more than the bald fact that, in a given community certain persons, for some reason or other, possess and exercise, actual power of control over the actions of the other persons of a group. It is, as it were, an objective fact which cannot, and need not be, ethically justified. To Krabbe, upon the other hand, the state is, in essence, a community of persons unified by the general agreement of its members as to the valuation of public and private interests, and possessing organized instrumentalities for clarifying and formulating these common convictions, and, when necessary, enforcing them. To Krabbe, the state thus plays a necessary part in the declaration and enforcement of law, if not in investing it with essential validity as such.We find, however, in Krabbe, and also in his translators, as will be later pointed out, that same mistaken idea which is to be discovered in Duguit, that an inquiry into the idealistic or utilitarian validity of law, as determined by its substantive provisions and the purposes sought to be achieved by its enforcement, has a relevancy to, and that its conclusions can affect, the validity and usefulness of the purely formalistic concepts which the positive or analytical jurist employs.

scholarly journals A Note From the Editors: The State of the Political Constitution

2013 ◽  
Vol 14 (12) ◽  
pp. 2103-2109 ◽  
Author(s):  
Marco Goldoni ◽  
Christopher McCorkindale
Keyword(s):  
Political Theory ◽  
Political Institutions ◽  
Common Law ◽  
The State ◽  
The Other ◽  
The Political ◽  
Legal Institutions ◽  
Seminal Article

The revival of the political constitution has come about in parallel with two developments, one in constitutional practice and the other in political theory. With regard to the former, the political constitution has been seen as something of a bulwark against the rise of legal (or judicial, or common law) constitutionalism. The seeming hegemony of this latter model of constitutionalism among contemporary lawyers and political scientists has produced from (so-called) political constitutionalists a reaction against the delegation of important decisions to non-political institutions and an obsessively court-centered scholarship. Perceiving this shift in focus from political to legal institutions to be the very antithesis of the traditional Commonwealth (more particularly, of the United Kingdom's parliamentary) model of constitutionalism, and, more broadly, to be an affront to democratic sensibilities, the notion of the political constitution was retrieved and defended in a seminal article in the 1979 edition of the Modern Law Review, written (though first delivered in his Chorley Lecture the previous year) by the late John Griffith. More recently, in the work of Adam Tomkins, Richard Bellamy, and Grégoire Webber and Graham Gee, a normative interpretation has been lent to Griffith's thesis so as to provide a full-fledged constitutionaltheorycapable of standing as an alternative to the liberal-legal paradigm—a turn, one might say, from the political constitution to political constitutionalism.

scholarly journals REVISITING POLITICAL THEORY: BEYOND EXCESSIVE EMPIRICISM AND EXTREME NORMATIVISM

2021 ◽  
Vol 9 (3) ◽  
pp. 47-55
Author(s):  
Kunal Debnath ◽  
Souvik Chatterjee
Keyword(s):  
Political Theory ◽  
The Other ◽  
Political Life ◽  
The Political ◽  
Human Society ◽  
Human Beings ◽  
Normative Framework ◽  
The Moment

In this paper we attempt to find an answer to the question – how can we revisit political theory? This question may seem apparently simple, but the moment one start exploring, the incongruities and complexities of politics make the undertaking question highly toilsome. It is impossible to completely reject the normative framework in political analyses as far as it deals with the human society. On the other side, the age of post-truth politics also creates a difficulty to find out the objective facts and truth. So rather than arguing which method of politics is more efficient to deal with the uncertainties of human political life today, we attempt to visualize politics from a new understanding i.e., politics as absence of general agreement beyond excessive empiricism and extreme normativism. It is the antagonistic nature of human beings what keep ‘the political’ alive, and constitute the factual practices known as ‘politics’.

scholarly journals Virtual Origins of Public Law

Lex Russica ◽  
2021 ◽  
pp. 9-22
Author(s):  
I. A. Isaev
Keyword(s):  
Public Space ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
The Political ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
Political Landscapes ◽  
Private Individual

The paper analyzes the main processes that gave rise to such a phenomenon as “public law”. The problem of public law is one of the fundamental problems of jurisprudence. A classical dichotomy of public and private law will never lose its significance, and the search for their harmonious interaction only heightens the interest of thinkers around the world in this issue. We should agree that addressing such issues is always secondto-none, as it gives grounds for the development of the best legal regulation acceptable for a particular society. The very notion of “publicness” has gone a long way to finally gaining a foothold in the political and legal lexicon. In the Digestas of Justinian, the famous Roman jurist Ulpian writes: “Public law, which (refers) to the position of the Roman state, private law, which (refers) to the benefit of individuals; there is the useful for the society and the useful for a private individual. Public law includes the sacreds (sacra), the ministry of priests, the position of magistrates” (D.1.1.1.2). Thus, from the ancient Roman forum through medieval corporations to the political parties of modern times, the public space was certainly controlled by the state in some way or another. It was the intervention of the state in the private sphere that determined the nature of “public” in general and public law in particular. These processes have defined both modern political landscapes and the system of public legal institutions. Although, to a large extent, the motivations that affected the formation of public law were dogmatic, formal and virtual, or imaginary in nature, their influence adopted quite real features and led to practical political and legal consequences.

MECHANISMS FOR IMPLEMENTATION OF ENVIRONMENTAL TAXES AND INSURANCE

2018 ◽  
Vol 1 (13) ◽  
pp. 121-130
Author(s):  
Anatolii Petrovich Mykolaiets
Keyword(s):  
Political System ◽  
Production Management ◽  
National Level ◽  
The State ◽  
Social Representation ◽  
The Other ◽  
Environmental Taxes ◽  
The Political ◽  
Local Authorities ◽  
Natural Form

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

scholarly journals The Political Theory of F. Guizot on the Nature of Power and the Opposition on the Example of Elections to the State Duma in 2016

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Vladislav Gritsay
Keyword(s):  
Political Theory ◽  
The State ◽  
The Political ◽  
Mutual Relations

The article analyzes the political theory of F.Gizo about the nature of power and opposition, about their mutual relations with each other and with the population. The author tries to consider this theory in the context of elections to the Russian Parliament in 2016.

scholarly journals Historia rozwoju Republiki Rzymskiej według Polibiusza

2013 ◽  
Vol 6 (2) ◽  
pp. 85-93
Author(s):  
Anna Ceglarska ◽  
Keyword(s):  
Roman Republic ◽  
Political Theory ◽  
Social Contexts ◽  
The State ◽  
Mixed System ◽  
The Political ◽  
Mutual Relation ◽  
Perfect System ◽  
History Of ◽  
The Moment

History of the rise of the Roman Republic as described by Polybius The aim of this article is to refer Polybius’s political theory, included in Book VI of The Histories, to the history of the rise of the Roman Republic. This theme must have been particularly significant for Polybius. For him, Rome was the most perfect example of a mixed government system, and the aim of describing its history was to show the development of this perfect system. The article presents the mutual relation of theory and history, starting with the period of kingship, up to the emergence of the democratic element, i.e. the moment when Rome acquired the mixed system of government. Both the political and social contexts of the changes are outlined. The analysis suggests that Polybius related his political theory to the history of the state he admired, thus providing the theory with actual foundations. Reconstructing his analysis makes it possible to see the history of Rome in a different light, and to ponder the system itself and its decline, even though the main objective of both Polybius and this article is to present its development.

scholarly journals Macintyre on identity of ethics and politics

2006 ◽  
pp. 29-56
Author(s):  
Michal Sládecek
Keyword(s):  
Political Theory ◽  
Critical Review ◽  
The State ◽  
The Other ◽  
Individual Rights ◽  
Ethical Life ◽  
Other Hand ◽  
The One ◽  
Ethics And Politics

In first chapters of this article MacIntyre?s view of ethics is analyzed, together with his critics of liberalism as philosophical and political theory, as well as dominant ideological conception. In last chapters MacIntyre?s view of the relation between politics and ethics is considered, along with the critical review of his theoretical positions. Macintyre?s conception is regarded on the one hand as very broad, because the entire morality is identified with ethical life, while on the other hand it is regarded as too narrow since it excludes certain essential aspects of deliberation which refers to the sphere of individual rights, the relations between communities, as well as distribution of goods within the state.

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